29998 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations

applicable, modifying the configuration SUMMARY: This final rule amends the unanimous vote. The Departments strapping units, installing the outboard Export Administration Regulations represented on the ERC approved these low-heat detection switches and wing (EAR) by removing one and revising two changes to the Entity List. A/ICE box assembly and its associated Russian entries on the Entity List wires; and activating the outboard low- (Supplement No. 4 to Part 744). This Entity List Decisions heat detection switches; for Bombardier, final rule removes the Federal Atomic In recognition of the bilateral Inc. Model CL–600–2B19 (Regional Jet Power of (Rusatom) (now known partnership between the Series 100 & 440) airplanes. as the Russian State Corporation of and Russia, a policy decision was made In the AD as published, the reference Atomic Energy ()) entry from by the Departments represented on the to Bombardier Service Bulletin 601R– the Entity List and adds language ERC to clarify the Russian entries on the 30–034, dated November 19, 2007, in clarifying that both the All-Russian Entity List by removing one and revising paragraph (g)(7) of the AD is incorrect. Scientific Research Institute of two Russian entities listed on the Entity The reference to the Bombardier Service Technical Physics (VNIITF) and the All- List. The decision implemented by this Bulletin should read Bombardier Russian Scientific Research Institute of final rule includes removing the Federal Service Bulletin 601R–31–034, dated Experimental Physics (VNIIEF), which Atomic Power of Russia (Rusatom) November 19, 2007. are Rosatom components, remain on the (which is now known as the Russian No other part of the preamble or Entity List. In addition, this rule adds regulatory information has been additional aliases and revises some of State Corporation of Atomic Energy changed; therefore, only the changed the existing aliases for the two Russian (Rosatom)) as an individual entry on the portion of the final rule is being entries that are being retained on the Entity List and adding language to published in the Federal Register. Entity List. These changes will better clarify that two specified Russian The effective date of this AD remains inform exporters, reexporters, and entries (i.e., the All-Russian Scientific May 6, 2011. transferors of the scope of these Entity Research Institute of Technical Physics List-based license requirements. (VNIITF) and the All-Russian Scientific Correction of Regulatory Text The Entity List provides notice to the Research Institute of Experimental § 39.13 [Corrected] public that certain exports, reexports, Physics (VNIIEF)) which are Rosatom components, are both remaining on the ■ and transfers (in-country) to parties In the Federal Register of April 1, identified on the Entity List require a Entity List. These revisions further 2011, on page 18028, in the first license from the Bureau of Industry and clarify that VNIITF and VNIIEF are the column, paragraph (g)(7) of AD 2011– Security (BIS) and that availability of only Rosatom components remaining on 07–06 is corrected to read as follows: license exceptions in such transactions the Entity List. This language is being * * * * * is limited. added to clarify that neither Rosatom at (7) Replacing DCUs P/N 622–9820–007, DATES: Effective Date: This rule is locations outside of and 622–9820–008, or 622–9820–009 with effective May 24, 2011. Sarov nor any of its components or modified DCUs having P/N 622–9820–010, FOR FURTHER INFORMATION CONTACT: subsidiaries located outside of and modifying CSUs, are also acceptable for Snezhinsk and Sarov are subject to the compliance with the requirements of Karen Nies-Vogel, Chair, End-User Review Committee, Office of the Entity List’s supplemental licensing paragraph (g)(3) of this AD if done before the requirements and policies. effective date of this AD, in accordance with Assistant Secretary, Export Accomplishment Instructions of Bombardier Administration, Bureau of Industry and In addition, this rule adds other Service Bulletin 601R–31–034, dated Security, Department of Commerce, aliases and revises some of the existing November 19, 2007. Phone: (202) 482–5991, Fax: (202) 482– aliases for the two Russian entries that * * * * * 3911, E-mail: [email protected]. are being retained on the Entity List. Issued in Renton, Washington, on May 13, SUPPLEMENTARY INFORMATION: These changes will better inform exporters, reexporters, and transferors of 2011. Background Ali Bahrami, the scope of these Entity List-based The Entity List provides notice to the Manager, Transport Airplane Directorate, license requirements. Aircraft Certification Service. public that certain exports, reexports, and transfers (in-country) to entities A. Removal From the Entity List [FR Doc. 2011–12587 Filed 5–23–11; 8:45 am] identified on the Entity List require a This rule implements a policy BILLING CODE 4910–13–P license from the Bureau of Industry and decision made by the Departments Security (BIS) and that the availability represented on the ERC to remove one of license exceptions in such Russian entity from the Entity List. DEPARTMENT OF COMMERCE transactions is limited. Entities are Specifically, this rule removes the placed on the Entity List on the basis of Federal Atomic Power of Russia Bureau of Industry and Security certain sections of part 744 (Control (Rusatom), which is now known as the Policy: End-User and End-Use Based) of Russian State Corporation of Atomic 15 CFR Part 744 the EAR. Energy (Rosatom) from the Entity List. [Docket No. 110502271–1278–01] The End-User Review Committee (ERC), composed of representatives of However, VNIITF and VNIIEF will RIN 0694–AF24 the Departments of Commerce (Chair), remain on the Entity List. Moreover, this State, Defense, Energy and, when rule adds and revises particular aliases Removal and Modifications for appropriate, the Treasury, makes all of VNIITF and VNIIEF to the Entity List Persons Listed Under Russia on the decisions to make additions to, to better assist exporters, reexporters Entity List removals from and other changes to the and transferors in identifying these two entities on the Entity List. AGENCY: Bureau of Industry and Entity List. The ERC makes all decisions Security, Commerce. to add an entry to the Entity List by This rule removes the following majority vote and all decisions to person located in Russia from the Entity ACTION: Final rule. remove or modify an entry by List:

VerDate Mar<15>2010 15:04 May 23, 2011 Jkt 223001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 29999

Russia Russia 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as extended by the (1) Federal Atomic Power of Russia (1) *All-Russian Scientific Research Notice of August 12, 2010, 75 FR 50681 (Rusatom) (any entities, institutes, or Institute of Technical Physics (VNIITF), (August 16, 2010), has continued the centers associated with), a.k.a. the a.k.a., the following eight aliases: Export Administration Regulations in following three aliases: *—Vserossiyskiy Nauchno- effect under the International —Federal Atomic Agency (FAAE); Issledovatelskiy Institut Emergency Economic Powers Act. —MINATOM; and Tekhnicheskoy Fiziki; —Ministry of Atomic Power and *—Russian Federal Nuclear Center- Rulemaking Requirements Industry (MAPI). VNIITF (RFNC–VNIITF); 1. Executive Orders 13563 and 12866 Located in either Snezhinsk or Kremlev *—Kasli Nuclear Weapons Development direct agencies to assess all costs and (Sarov). Center; benefits of available regulatory *—Institute of Technical Physics; alternatives and, if regulation is The removal of this entity from the *—Zababakhin Institute; Entity List eliminates the existing necessary, to select regulatory *—ARITP (All Russian Institute for approaches that maximize net benefits license requirements in Supplement No. Technical Physics); 4 to part 744 for exports, reexports and (including potential economic, —Federal State Unitary Enterprise environmental, public health and safety transfers (in-country) to this entity, Russian Federal Nuclear Center— although those licensing requirements effects, distributive impacts, and Academician E.I. Zababkhin All- equity). Executive Order 13563 remain in place for VNIITF and VNIIEF. Russian Scientific Research Institute emphasizes the importance of Moreover, the removal of this entity of Technical Physics (FGUPRFYaTs– quantifying both costs and benefits, of from the Entity List does not relieve VNIITF) reducing costs, of harmonizing rules, persons of other obligations under part —Chelyabinsk—70, and of promoting flexibility. This rule 744 of the EAR or under other parts of (Address: P.O. Box 245, 456770, has been designated a ‘‘significant the EAR. Neither the removal of an Snezhinsk, Chelyabinsk Region Russia); regulatory action’’ although not entity from the Entity List nor the and economically significant, under section removal of Entity List-based license *Any nuclear-related entities, institutes 3(f) of Executive Order 12866. requirements relieves persons of their or centers located in Snezhinsk. Accordingly, the rule has been reviewed obligations under General Prohibition 5 (2) *All-Russian Scientific Research by the Office of Management and in section 736.2(b)(5) of the EAR which Institute of Experimental Physics Budget. provides that, ‘‘you may not, without a (VNIIEF), a.k.a., the following nine 2. Notwithstanding any other license, knowingly export or reexport aliases: provision of law, no person is required any item subject to the EAR to an end- *—Vserossiyskiy Nauchno- to respond to nor be subject to a penalty user or end-use that is prohibited by Issledovatelskiy Institut for failure to comply with a collection part 744 of the EAR.’’ Nor do these Eksperimentalnoy Fiziki; of information, subject to the removals relieve persons of their *—Russian Federal Nuclear Center- requirements of the Paperwork obligation to apply for export, reexport VNIIEF (RFNC–VNIIEF); Reduction Act of 1995 (44 U.S.C. 3501 or in-country transfer licenses required *—Institute of Experimental Physics; et seq.) (PRA), unless that collection of by other provisions of the EAR. BIS *—ARIEP (All Russian Institute for information displays a currently valid strongly urges the use of Supplement Experimental Physics); Office of Management and Budget No. 3 to part 732 of the EAR, ‘‘BIS’s —Khariton Institute; (OMB) Control Number. This regulation ‘Know Your Customer’ Guidance and —Sarov Nuclear Weapons Plant; involves collections previously Red Flags,’’ when persons are involved —Avangard Electromechanical Plant; approved by the OMB under control in transactions that are subject to the —Federal State Unitary Enterprise numbers 0694–0088, ‘‘Multi-Purpose EAR. Russian Federal Nuclear Center—All Application,’’ which carries a burden B. Modifications to the Entity List Russian Scientific Research Institute hour estimate of 58 minutes to prepare of Experimental Physics (FGUPRFNCs and submit form BIS–748. As noted above, this rule is removing VNIIEF) Miscellaneous and recordkeeping the Russian entity Rusatom, which is ——16, activities account for 12 minutes per now known as Rosatom, from the Entity (Address: 37 Mira Ave. Sarov, Nizhny submission. Total burden hours List. However, and also as noted above, Novgorod Region, 607188 Russia); and associated with the Paperwork because Rosatom has components * Any nuclear-related entities, institutes Reduction Act and Office and (VNIITF and VNIIEF) located in or centers located in Sarov (Kremlev). Management and Budget control Snezhinsk and Sarov that will remain A BIS license is required for the number 0694–0088 are not expected to on the Entity List, this final rule export, reexport or transfer (in-country) increase as a result of this rule. You may specifies that VNIITF and VNIIEF will of any item subject to the EAR to the send comments regarding the collection remain on the Entity List. persons described above, including any of information associated with this rule, In addition, the changes in the final transaction in which this listed entity including suggestions for reducing the rule include adding additional aliases will act as purchaser, intermediate burden, to Jasmeet K. Seehra, Office of and revising some of the existing aliases consignee, ultimate consignee, or end- Management and Budget (OMB), by e- for VNIITF and VNIIEF to better assist user of the items. This listing of these mail to Jasmeet_K._Seehra@omb. exporters, reexporters and transferors in entities also prohibits the use of license eop.gov, or by fax to (202) 395–7285. identifying these two entities on the exceptions (see part 740 of the EAR) for 3. This rule does not contain policies Entity List. Specifically, this rule revises exports, reexports and transfers (in- with Federalism implications as that the following two persons on the Entity country) of items subject to the EAR term is defined in Executive Order List: involving this entity. 13132. Note: The asterisks below indicate where Although the Export Administration 4. The provisions of the revisions are being made to these two Act expired on August 20, 2001, the Administrative Procedure Act (5 U.S.C. Russian entries on the Entity List. President, through Executive Order 553) requiring notice of proposed

VerDate Mar<15>2010 15:04 May 23, 2011 Jkt 223001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 30000 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations

rulemaking, the opportunity for public the Entity List-based license PART 744—[AMENDED] comment and a delay in effective date requirement because of perceived are inapplicable because this regulation ambiguity regarding the listed person, ■ 1. The authority citation for 15 CFR involves a military or foreign affairs such as a perceived ambiguity resulting part 744 continues to read as follows: function of the United States. (See 5 from the use of an alias by a listed Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 553(a)(1)). The U.S. person. There is also a chance an exporter, reexporter or person making a U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; Government’s original basis for adding 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 the entities affected by this rule to the transfer (in-country) may turn away a U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, Entity List was the entities’ involvement potential export, reexport, or transfer 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, in activities contrary to U.S. national (in-country) because the customer 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 security or foreign policy interests. BIS incorrectly appeared to be within the FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. implements this rule to further protect scope of a listed person on the Entity 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. U.S. national security and foreign policy List, thereby harming U.S. economic 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 interests by preventing items from being interests. The clarification of language Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR exported, reexported or transferred (in- provided in this rule may make clear that the person was not subject to an 44025, 3 CFR, 2001 Comp., p. 783; E.O. country) to these persons listed on the Entity List-based license requirement. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. Entity List by making clarifications to For these reasons there is a public 786; Notice of August 12, 2010, 75 FR 50681 the existing entries to inform exporters, interest that these changes be (August 16, 2010); Notice of November 4, reexporters and persons making implemented as a final action. Further, 2010, 75 FR 68673 (November 8, 2010); transfers (in-country) of the intended Notice of January 13, 2011, 76 FR 3009 no other law requires that a notice of (January 18, 2011). scope of the license requirements for proposed rulemaking and an these listed persons. This action does opportunity for public comment be this by clarifying the listings of VNIITF ■ 2. Supplement No. 4 to part 744 is given for this rule. Because a notice of amended: and VNIIEF, clarifying the names of proposed rulemaking and an existing aliases, and adding aliases for opportunity for public comment are not ■ a. By removing under Russia, the the listed persons. If this rule were required to be given for this rule by 5 Russian entity, Federal Atomic Power of delayed to allow for notice and U.S.C. 553, or by any other law, the Russia (Rusatom); and comment and a delay in effective date, analytical requirements of the ■ b. By revising, under Russia, the there is a chance that certain exporters, Regulatory Flexibility Act, 5 U.S.C. 601 following two Russian entities: All- reexporters and persons making et seq., are not applicable. Russian Scientific Research Institute of transfers (in-country) to these listed List of Subjects in 15 CFR Part 744 Technical Physics (VNIITF) and All- persons may inadvertently export, Russian Scientific Research Institute of reexport or transfer (in-country) to a Exports, Reporting and recordkeeping Experimental Physics (VNIIEF). listed person on the Entity List because requirements, Terrorism. The revisions read as follows: the exporter, reexporter or person Accordingly, part 744 of the Export making the transfer (in-country) did not Administration Regulations (15 CFR Supplement No. 4 to Part 744—Entity realize the listed person was subject to parts 730–774) is amended as follows: List

License Federal Register Country Entity requirement License review policy citation

******* RUSSIA ..... All-Russian Scientific Research Institute of Tech- For all items subject to Case-by-case basis ...... 62 FR 35334, 6/30/97 nical Physics (VNIITF), a.k.a., the following the EAR. 66 FR 24267, 5/14/01 eight aliases: 75 FR 78883, 12/17/ 10. —Vserossiyskiy Nauchno-Issledovatelskiy ***76 FR [INSERT FR Institut Tekhnicheskoy Fiziki; PAGE NUMBER] 5/ 24/11. —Russian Federal Nuclear Center-VNIITF (RFNC–VNIITF); —Kasli Nuclear Weapons Development Cen- ter; —Institute of Technical Physics; —Zababakhin Institute; —ARITP (All Russian Institute for Technical Physics); —Federal State Unitary Enterprise Russian Federal Nuclear Center—Academician E.I. Zababkhin All-Russian Scientific Research Insti- tute of Technical Physics (FGUPRFYaTs-VNIITF) —Chelyabinsk-70, (Address: P.O. Box 245, 456770, Snezhinsk, Chelyabinsk Region Russia); and any nuclear-related entities, institutes, or centers located in Snezhinsk. All-Russian Scientific Research Institute of Ex- For all items subject to Case-by-case basis ...... 62 FR 35334, 6/30/97 perimental Physics (VNIIEF), a.k.a., the fol- the EAR. 66 FR 24267, 5/14/01 lowing nine aliases: 75 FR 78883, 12/17/ 10.

VerDate Mar<15>2010 16:25 May 23, 2011 Jkt 223001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 30001

License Federal Register Country Entity requirement License review policy citation

—Vserossiyskiy Nauchno-Issledovatelskiy ***76 FR [INSERT FR Institut Eksperimentalnoy Fiziki; PAGE NUMBER], 5/ 24/11. —Russian Federal Nuclear Center-VNIIEF (RFNC–VNIIEF); —Institute of Experimental Physics; —ARIEP (All Russian Institute for Experimental Physics); —Khariton Institute; —Sarov Nuclear Weapons Plant; —Avangard Electromechanical Plant; —Federal State Unitary Enterprise Russian Federal Nuclear Center—All Russian Scientific Research Institute of Experimental Physics (FGUPRFNCs VNIIEF) —Arzamas-16, (Address: 37 Mira Ave. Sarov, Region, 607188 Russia); and any nuclear-related entities, institutes or centers located in Sarov (Kremlev)

*******

Dated: May 19, 2011. transfer of arms and related materiel of and public procedure on this rule would Kevin J. Wolf, all types to the Libyan Arab Jamahiriya, be impracticable, unnecessary, or Assistant Secretary for Export with certain exceptions. Additionally, contrary to the public interest. See 5 Administration. on March 17, 2011, the U.N. Security U.S.C. 808(2). Council adopted Resolution 1973, [FR Doc. 2011–12803 Filed 5–23–11; 8:45 am] Regulatory Flexibility Act BILLING CODE 3510–33–P paragraph 4 of which authorizes member states to take all necessary Since this amendment is not subject measures, notwithstanding the arms to the notice-and-comment procedures DEPARTMENT OF STATE embargo established by paragraph 9 of of 5 U.S.C. 553, it does not require Resolution 1970, to protect civilians and analysis under the Regulatory 22 CFR Part 126 civilian populated areas under threat of Flexibility Act. attack in Libya. This rulemaking Unfunded Mandates Reform Act of 1995 RIN 1400–AC83 implements the Security Council’s [Public Notice 7466] actions within the ITAR by adding This amendment does not involve a Libya to § 126.1(c) and revising the mandate that will result in the Amendment to the International Traffic previous policy on Libya contained in expenditure by State, local, and tribal in Arms Regulations: Libya § 126.1(k) to announce a policy of denial governments, in the aggregate, or by the for all requests for licenses or other private sector, of $100 million or more AGENCY: Department of State. approvals to export or otherwise transfer in any year and it will not significantly ACTION: Final rule. defense articles and services to Libya, or uniquely affect small governments. Therefore, no actions were deemed SUMMARY: except where not prohibited under The Department of State is necessary under the provisions of the amending the International Traffic in UNSC embargo and determined to be in the interests of the national security and Unfunded Mandates Reform Act of Arms Regulations (ITAR) to update the 1995. policy regarding Libya to reflect the foreign policy of the United States. United Nations Security Council arms Regulatory Analysis and Notices Executive Order 13175 embargoes adopted in February and Administrative Procedure Act The Department has determined that March. this rule will not have tribal The Department of State is of the DATES: Effective Date: This rule is implications, will not impose effective May 24, 2011. opinion that controlling the import and substantial direct compliance costs on export of defense articles and services is FOR FURTHER INFORMATION CONTACT: Indian tribal governments, and will not a foreign affairs function of the United pre-empt tribal law. Accordingly, the Nicholas Memos, Office of Defense States Government and that rules Trade Controls Policy, Department of requirements of Section 5 of Executive implementing this function are exempt Order 13175 do not apply to this rule. State, by telephone: (202) 663–2804; fax: from § 553 (Rulemaking) and § 554 (202) 261–8199; or e-mail: (Adjudications) of the Administrative Small Business Regulatory Enforcement [email protected]. Attn: Part 126, Procedure Act. Since this rule is exempt Fairness Act of 1996 Libya. from 5 U.S.C. 553, it is the view of the This amendment has been found not SUPPLEMENTARY INFORMATION: On Department of State that the provisions to be a major rule within the meaning February 26, 2011, the United Nations of § 553(d) do not apply to this of the Small Business Regulatory Security Council adopted Resolution rulemaking. Therefore, this rule is Enforcement Fairness Act of 1996. 1970, paragraph 9 of which provides effective upon publication. The that U.N. member states shall Department also finds that, given the Executive Orders 12372 and 13132 immediately take the necessary national security issues surrounding This amendment will not have measures to prevent the sale, supply or U.S. policy towards Libya, that notice substantial direct effects on the States,

VerDate Mar<15>2010 15:04 May 23, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 wwoods2 on DSK1DXX6B1PROD with RULES_PART 1